How Does Comparative Negligence Work in Georgia?
Comparative negligence is a phrase that you might come across as you approach a personal injury lawsuit in Atlanta. This legal concept may sound confusing, but it is actually quite simple. It may be beneficial to gain a concrete understanding of this concept, as it can affect your pathway toward compensation after an accident. For further guidance, consider speaking with an experienced personal injury attorney in Atlanta.
Comparative Negligence Means That Multiple People Are Responsible for the Same Accident
As you probably know from personal experience, different people can contribute to the same accident. Perhaps someone texting and driving veered into your lane, causing you to swerve and impact a drunk driver weaving through traffic on your other side. Maybe you slipped and fell on someone else’s party due to a spill left by a catering company. These are all situations in which multiple people or companies can contribute to the same accident.
Comparative Negligence Allows You to Sue Even if You Are Partially to Blame
One of the key aspects of comparative negligence is the fact that it allows you to sue for injuries you partially caused to yourself. For example, you might have been texting and driving when you were struck by a speeding drunk driver at an intersection. In this type of situation, Georgia doesn’t necessarily prevent you from filing a lawsuit. However, it might reduce your total compensation depending on your “level of fault.”
For example, you might have been 25% to blame for a slip-and-fall. In this situation, you would still have the right to pursue compensation for 75% of the normal compensation associated with this type of lawsuit. Not all states follow this system, and in some jurisdictions, you lose the right to sue even if you’re 1% to blame for your own injuries.
What if There Are Multiple Defendants?
In a personal injury lawsuit, the people you sue for causing your injuries are called “defendants.” In many situations, plaintiffs (the victims) need to sue multiple defendants. But what if you also contributed to the accident in some way?
In this situation, the court must determine the degree to which each party caused the accident. Suppose there are two defendants and one plaintiff, and each is equally responsible (33%). In this situation, the plaintiff would only receive 66% of their normal compensation. The two defendants would each pay 33% of the remaining damages.
Georgia’s “Modified” Comparative Negligence System Explained
Georgia has a “modified” comparative negligence system. Under this system, you lose the right to sue if you are more than 50% responsible for your own accident. Speak with your attorney to determine your next steps if you think you might be the main cause of the accident.
Can an Atlanta Personal Injury Attorney Help Me?
An Atlanta personal injury attorney may be able to help if you need compensation after an accident. Online research helps victims learn more about personal injury law in Georgia, providing them with more confidence about the legal process ahead. That said, there is no need to become a legal expert simply to file a personal injury lawsuit. You can get the ball rolling today by contacting Morain & Buckelew, LLC.
Source:
law.cornell.edu/wex/comparative_negligence